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HOUSE OF LORDS - United Kingdom Parliament

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proceeds in the Lords straight from first reading to consideration on<br />

report.<br />

9.81 Because Scottish provisional order confirmation bills are not<br />

printed in the House of Lords, the ministerial statement of compatibility<br />

with the Convention rights under section 19 of the Human Rights Act<br />

1998 is made by means of a written statement.<br />

4: TRANSPORT AND WORKS ACT 1992<br />

9.82 Under the Transport and Works Act 1992, projects such as<br />

railways, tramways, harbours and barrages no longer come before<br />

<strong>Parliament</strong> for approval by way of private bill, but are dealt with by<br />

ministerial orders, in most cases following local public inquiries. Such<br />

orders are not normally subject to parliamentary proceedings, but may be<br />

deposited in the libraries of both Houses for information. However,<br />

section 9 of the Act provides that schemes which are adjudged by the<br />

Secretary of State to be of national significance must be approved by<br />

each House on a motion moved by a minister before an order is made<br />

to give effect to the scheme. In practice such a motion precedes any local<br />

public inquiry.<br />

9.83 Motions take the following form:<br />

“The Lord X to move that, pursuant to section 9 of the Transport<br />

and Works Act 1992, this House approves the following proposals<br />

which in the opinion of the Secretary of State are of national<br />

significance, namely, ….”.<br />

190

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